Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 73 Fourth Substitute (2021GS)

Sponsor

Sen. Fillmore, L.

Final action

Governor Signed 3/22/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• creates a credit for fees and taxes the Division of Motor Vehicles charged to a person registering a vehicle if the purchaser:
• registered the leased vehicle as the lessee; and
• paid the fees and taxes for registering the leased vehicle in the same registration period;
• creates a voluntary contribution checkoff for motor vehicle registrations and renewals that supports the:
• Emergency Medical Services Grant Program; and
• Search and Rescue Financial Assistance Program; and
• repeals:
• the registration checkoff for protecting access to public lands and promoting off-highway vehicle education; and
• the Off-Highway Access and Education Restricted Account.

Every vote on this bill

Bill text

VEHICLE REGISTRATION CHECKOFF AND FEE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: 
Norman K. Thurston
LONG TITLE
General Description:
This bill provides a credit for fees and taxes charged to a person registering a leased
vehicle purchased by the lessee and creates a voluntary contribution checkoff for motor
vehicle registrations and renewals.
Highlighted Provisions:
This bill:
▸ creates a credit for fees and taxes the Division of Motor Vehicles charged to a
person registering a vehicle if the purchaser:
• registered the leased vehicle as the lessee; and
• paid the fees and taxes for registering the leased vehicle in the same registration
period;
▸ creates a voluntary contribution checkoff for motor vehicle registrations and
renewals that supports the:
• Emergency Medical Services Grant Program; and
• Search and Rescue Financial Assistance Program; and
▸ repeals:
• the registration checkoff for protecting access to public lands and promoting
off-highway vehicle education; and
• the Off-Highway Access and Education Restricted Account.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
26-8a-108
, as enacted by Laws of Utah 2020, Chapter 215
53-2a-1102
, as last amended by Laws of Utah 2020, Chapter 379
ENACTS:
41-1a-230.7
, Utah Code Annotated 1953
41-1a-1225
, Utah Code Annotated 1953
REPEALS:
41-1a-230.6
, as enacted by Laws of Utah 2007, Chapter 299
41-22-19.5
, as last amended by Laws of Utah 2011, Chapter 303
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-8a-108
 is amended to read:
26-8a-108.
Emergency Medical Services System Account.
(1) There is created within the General Fund a restricted account known as the
Emergency Medical Services System Account.
(2) The account consists of:
(a) interest earned on the account; [
and
]
(b) appropriations made by the Legislature[
.
]
; and
(c) contributions deposited into the account in accordance with Section 
41-1a-230.7
.
(3) The department shall use:
(a) an amount equal to 25% of the money in the account for administrative costs
related to this chapter; [
and
]
(b) an amount equal to 75% of the money in the account for grants awarded in
accordance with Subsection 
26-8a-207
(3)[
.
]
; and
(c) all money received from the revenue source in Subsection (2)(c) for grants awarded
in accordance with Subsection 
26-8a-207
(3).
Section 2. Section 
41-1a-230.7
 is enacted to read:
 41-1a-230.7.
Registration checkoff for supporting emergency medical services and
search and rescue operations.
(1) A person who applies for a motor vehicle registration or registration renewal may
designate a voluntary contribution of $3 for the purpose of supporting:
(a) the Emergency Medical Services Grant Program; and
(b) the Search and Rescue Financial Assistance Program.
(2) This contribution shall be:
(a) collected by the division;
(b) treated as a voluntary contribution and not as a motor vehicle or off-highway
vehicle registration fee; and
(c) distributed equally to the Emergency Medical Services System Account created in
Section 
26-8a-108
 and the Search and Rescue Financial Assistance Program created in Section
53-2a-1102
 at least monthly, less actual administrative costs associated with collecting and
transferring the contributions.
(3) In addition to the administrative costs deducted under Subsection (2)(c), the
division may deduct the first $1,000 collected to cover costs incurred to change the registration
form.
Section 3. Section 
41-1a-1225
 is enacted to read:
 41-1a-1225.
Credit for registering leased vehicle purchased by the lessee.
(1) The division shall provide a credit against the fees and taxes charged to a person
registering a vehicle under Title 41, Chapter 1a, Motor Vehicle Act, if:
(a) immediately before purchasing the vehicle, the purchaser leased the vehicle and
was a registrant of the vehicle; and
(b) while leasing the vehicle and during the same registration period, the purchaser
paid the fees and taxes charged for registering the vehicle under Title 41, Chapter 1a, Motor
Vehicle Act.
(2) The division shall apply the credit provided under Subsection (1) by allowing the
registration period described in Subsection (1)(b) to remain in effect until expiration.
(3) This section applies only to taxes and fees paid by, or on behalf of, the purchaser at
the time of the registration described in Subsection (1)(b).
Section 4. Section 
53-2a-1102
 is amended to read:
53-2a-1102.
Search and Rescue Financial Assistance Program -- Uses --
Rulemaking -- Distribution.
(1) As used in this section:
(a) "Assistance card program" means the Utah Search and Rescue Assistance Card
Program created within this section.
(b) "Card" means the Search and Rescue Assistance Card issued under this section to a
participant.
(c) "Participant" means an individual, family, or group who is registered pursuant to
this section as having a valid card at the time search, rescue, or both are provided.
(d) "Program" means the Search and Rescue Financial Assistance Program created
within this section.
(e) (i) "Reimbursable base expenses" means those reasonable expenses incidental to
search and rescue activities.
(ii) "Reimbursable base expenses" include:
(A) rental for fixed wing aircraft, snowmobiles, boats, and generators;
(B) replacement and upgrade of search and rescue equipment;
(C) training of search and rescue volunteers;
(D) costs of providing life insurance and workers' compensation benefits for volunteer
search and rescue team members under Section 
67-20-7.5
; and
(E) any other equipment or expenses necessary or appropriate for conducting search
and rescue activities.
(iii) "Reimbursable base expenses" do not include any salary or overtime paid to an
individual on a regular or permanent payroll, including permanent part-time employees of any
agency of the state.
(f) "Rescue" means search services, rescue services, or both search and rescue services.
(2) There is created the Search and Rescue Financial Assistance Program within the
division.
(3) (a) The financial program and the assistance card program shall be funded from the
following revenue sources:
(i) any voluntary contributions to the state received for search and rescue operations;
(ii) money received by the state under Subsection (11) and under Sections 
23-19-42
,
41-22-34
, and 
73-18-24
;
(iii) money deposited under Subsection 
59-12-103
(14); [
and
]
(iv) contributions deposited in accordance with Section 
41-1a-230.7
; and
[
(iv)
] 
(v)
 appropriations made to the program by the Legislature.
(b) All money received from the revenue sources in Subsections (3)(a)(i) [
and
]
,
 (ii),
and (iv),
 and 90% of the money described in Subsection (3)(a)(iii), shall be deposited into the
General Fund as a dedicated credit to be used solely for the program.
(c) 10% of the money described in Subsection (3)(a)(iii) shall be deposited into the
General Fund as a dedicated credit to be used solely to promote the assistance card program.
(d) All funding for the program is nonlapsing.
(4) Subject to Subsections (3)(b) and (c), the director shall use the money described in
this section to reimburse counties for all or a portion of each county's reimbursable base
expenses for search and rescue operations, subject to:
(a) the approval of the Search and Rescue Advisory Board as provided in Section
53-2a-1104
;
(b) money available in the program; and
(c) rules made under Subsection (7).
(5) Money described in Subsection (3) may not be used to reimburse for any paid
personnel costs or paid man hours spent in emergency response and search and rescue related
activities.
(6) The Legislature finds that these funds are for a general and statewide public
purpose.
(7) The division, with the approval of the Search and Rescue Advisory Board, shall
make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
consistent with this section:
(a) specifying the costs that qualify as reimbursable base expenses;
(b) defining the procedures of counties to submit expenses and be reimbursed;
(c) defining a participant in the assistance card program, including:
(i) individuals; and
(ii) families and organized groups who qualify as participants;
(d) defining the procedure for issuing a card to a participant;
(e) defining excluded expenses that may not be reimbursed under the program,
including medical expenses;
(f) establishing the card renewal cycle for the Utah Search and Rescue Assistance Card
Program;
(g) establishing the frequency of review of the fee schedule;
(h) providing for the administration of the program; and
(i) providing a formula to govern the distribution of available money among the
counties for uncompensated search and rescue expenses based on:
(i) the total qualifying expenses submitted;
(ii) the number of search and rescue incidents per county population;
(iii) the number of victims that reside outside the county; and
(iv) the number of volunteer hours spent in each county in emergency response and
search and rescue related activities per county population.
(8) (a) The division shall, in consultation with the Outdoor Recreation Office, establish
the fee schedule of the Utah Search and Rescue Assistance Card Program under Subsection
63J-1-504
(6).
(b) The division shall provide a discount of not less than 10% of the card fee under
Subsection (8)(a) to a person who has paid a fee under Section 
23-19-42
, 
41-22-34
, or
73-18-24
 during the same calendar year in which the person applies to be a participant in the
assistance card program.
(9) Counties may not bill reimbursable base expenses to an individual for costs
incurred for the rescue of an individual, if the individual is a current participant in the Utah
Search and Rescue Assistance Card Program at the time of rescue, unless:
(a) the rescuing county finds that the participant acted recklessly in creating a situation
resulting in the need for the county to provide rescue services; or
(b) the rescuing county finds that the participant intentionally created a situation
resulting in the need for the county to provide rescue services.
(10) (a) There is created the Utah Search and Rescue Assistance Card Program. The
program is located within the division.
(b) The program may not be utilized to cover any expenses, such as medically related
expenses, that are not reimbursable base expenses related to the rescue.
(11) (a) To participate in the program, a person shall purchase a search and rescue
assistance card from the division by paying the fee as determined by the division in Subsection
(8).
(b) The money generated by the fees shall be deposited into the General Fund as a
dedicated credit for the Search and Rescue Financial Assistance Program created in this
section.
(c) Participation and payment of fees by a person under Sections 
23-19-42
, 
41-22-34
,
and 
73-18-24
 do not constitute purchase of a card under this section.
(12) The division shall consult with the Outdoor Recreation Office regarding:
(a) administration of the assistance card program; and
(b) outreach and marketing strategies.
(13) Pursuant to Subsection 
31A-1-103
(7), the Utah Search and Rescue Assistance
Card Program under this section is exempt from being considered insurance as that term is
defined in Section 
31A-1-301
.
Section 5. 
Repealer.
This bill repeals:
Section 
41-1a-230.6
,
Registration checkoff for protecting access to public lands
and promoting off-highway vehicle education.
Section 
41-22-19.5
,
Off-highway Access and Education Restricted Account --
Creation -- Funding -- Distribution of funds by the Board of Parks and Recreation.
Section 6. 
Effective date.
This bill takes effect on January 1, 2022.